§17-28-3. Definitions.
Unless the context clearly indicates otherwise, as used in
this article:

(1) "Affected local jurisdiction" means any county or
incorporated municipality of this state in which all or any part of
a transportation facility is or will be located, or any other local
public entity, including, but not limited to, a public service
district or highway authority or highway association that is
directly affected by a transportation project.

(2) "Commissioner" means the Commissioner of Highways who is
the chief executive officer of the Division of Highways.

(3) "Department" means the West Virginia Department of
Transportation.

(4) "Division" refers to the Division of Highways, a division
within the West Virginia Department of Transportation.

(5) "Governmental entity" means any county, municipality, or
other governmental unit or political subdivision of the State.

(6) "Highway authority" or "highway association" means any
entity created by the Legislature for the advancement and
improvement of the state road and highway system, including, but
not limited to, the New River Parkway Authority, Midland Trail
Scenic Highway Association, Shawnee Parkway Authority, Corridor G
Regional Development Authority, Coalfields Expressway Authority,
Robert C. Byrd Corridor H Highway Authority, West Virginia 2 and
I-68 Authority, Little Kanawha River Parkway Authority, King Coal Highway Authority, Coal Heritage Highway Authority, Blue and Gray
Intermodal Highway Authority and the West Virginia Eastern
Panhandle Transportation Authority or, if an authority is
abolished, any entity succeeding to the principal functions of the
highway authority or to whom the powers given to the highway
authority are given by law.

(8) "Project costs" means capital costs, costs of financing,
planning, designing, constructing, expanding, improving,
maintaining or controlling a transportation facility, the cost of
land, equipment, machinery, installation of utilities and other
similar expenditures and all other charges or expenses necessary,
appurtenant or incidental to the foregoing.

(10) "Public-private partnership" means a consortium that
includes the Division of Highways, a governmental entity, a highway
authority or any combination thereof, together with a private
entity or entities, which proposes to finance, acquire, plan,
design, construct, expand, improve, maintain or control a
transportation facility.

(11) "Public service district" means a public corporation or political subdivision of this state created pursuant to section
two, article thirteen-a, chapter sixteen of this code.

(12) "Revenue" means all revenue, income, earnings, user fees,
lease payments or other service payments arising out of or in
connection with supporting the development or operation of a
transportation facility, including, without limitation, money
received as grants or otherwise from the United States of America,
from any public entity or from any agency or instrumentality of the
foregoing in aid of such transportation project, moneys generated
by way of contract, pledge, donation, bequest or bonds and moneys
generated by taxes which are authorized to be assessed and levied
by the Legislature or another governmental entity.

(13) "Secretary" means the Cabinet Secretary of the West
Virginia Department of Transportation.

(15) "Transportation project" means any project to acquire,
design, construct, expand, renovate, extend, enlarge, increase,
equip, improve, maintain or operate a transportation facility in
this state for which a governmental entity is permitted by law to
expend public funds but does not include any project that would
otherwise be under the authority of the Public Port Authority, the
Aeronautics Commission or the Parkways, Economic Development and Tourism Authority.

(16) "User fee" means a rate, toll, or fee imposed by an
operator for use of all or a part of a transportation facility
authorized in section five of this article.

(17) "Utility" means a privately, publicly or cooperatively
owned line, facility or system for producing, transmitting or
distributing communications, cable television, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, or any other similar
commodity, including fire or police signal system or street
lighting system, which directly or indirectly serves the public.